Abbott v. Yost
New York Supreme Court
Error to Seneca O. P. Abbott sued Yost before a justice' of the peace, and declared in trespass for taking his goods. On the trial it appeared that the defendant was the collector of school district No. 5 in the town of Fayette, Seneca county, and took the goods by virtue of a warrant and tax list made by the trustees of the district for a tax to build a school house—the plaintiff being one of the inhabitants of the district, and being taxed in the sum of $ 17,07. The…
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Error to Seneca O. P. Abbott sued Yost before a justice' of the peace, and declared in trespass for taking his goods. On the trial it appeared that the defendant was the collector of school district No. 5 in the town of Fayette, Seneca county, and took the goods by virtue of a warrant and tax list made by the trustees of the district for a tax to build a school house—the plaintiff being one of the inhabitants of the district, and being taxed in the sum of $ 17,07. The warrant and tax list were regular on their face: but the plaintiff claimed to recover on the ground that the district meeting…
1Opinion of the Court
By the Court, Bronson, Oh. J.
Process regular upon its face, and apparently within the jurisdiction of. the court or officer issuing it, is a complete justification to the ministerial officer by whom it is executed; and that is so, although it may be shown that in point of fact the court or officer issuing the process had no jurisdiction. When the defect of jurisdiction appears upon the face of the process, there the ministerial officer acts at his peril; but it is not so where the defect is latent, and has to be made out by extrinsic evidence. In Savacool v. Boughton, (5 Wend. 170,) it…
2Cases cited1 opinion
- Savacool v. BoughtonNew York Supreme Court · 1830
3Cited by8 opinions
- Wall v. TrumbullMichigan Supreme Court · 1867
- Welles v. ThorntonNew York Supreme Court · 1865
- Doolittle v. DoolittleNew York Supreme Court · 1860
- Nowell v. TrippSupreme Judicial Court of Maine · 1871
- Fulton v. HeatonNew York Supreme Court · 1847
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